BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130013444 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her foreign service.

2.  The applicant states she was deployed to Kuwait from 1 February to 31 May 2003.  She contends that she also spent time in Iraq.  

3.  The applicant provides a DD Form 214 and a Department of Defense (DoD) Military Service Information document.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 10 January 2002.  She was awarded military occupational specialty 74D (Chemical Operations Specialist) upon completion of initial entry training.  

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 13 February through 22 May 2003 
(3 months and 10 days).  

4.  She was honorably discharged on 9 February 2004.  Block 12 (Foreign Service) of her DD Form 214 does not show foreign service.  Block 18 (Remarks) does not reflect her service in Kuwait/Iraq.  

5.  She provides a DoD Military Service Information document that shows she served in Kuwait from 12 February to 22 May 2003.

6.  Based on the available records, the length of her service in Iraq cannot be determined.  

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of her discharge, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for the preparation of the DD Form 214 and stated:

	a.  in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service This Period); and

	b.  in block 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) states 

   a.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  
	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to show her foreign service has been carefully considered.  

2.  She contends that she was deployed during the period 1 February - 31 May 2003.  However, DFAS records show she received HFP/IDP and CZTE from 
13 February to 22 May 2003 (3 months and 10 days).  While the dates she provides and the dates provided by DFAS are slightly different, the dates of service provided by DFAS should be used to correct block 12f of her DD Form 214 to show the total amount of foreign service she completed during this period of active duty and to correct block 18 of her DD Form 214 to show the dates of her service in Kuwait.

3.  Based on her period of active duty service and based on her service in Kuwait, she is authorized the GWOTSM and the GWOTEM and correction of her DD Form 214 to show these awards.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the entry "0000  03  10" to block 12f of her DD Form 214;

	b.  adding the entry "SERVICE IN KUWAIT 20030213-20030522" in block 
18 of her DD Form 214; and 

	c.  adding to her DD Form 214 the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting he DD Form 214 to show she served in Kuwait from 1 February 2003 to 31 May 2003.




      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130013444



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ABCMR Record of Proceedings (cont)                                         AR20130013444



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